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Privacy policy

DATA PROTECTION DECLARATION OF KEMPER GMBH ACCORDING TO GDPR

NAME AND ADDRESS OF THE PERSON RESPONSIBLE

The controller (data controller) within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection provisions is the:

Kemper GmbH
Königswall 16-18
45657 Recklinghausen
Germany

Tel.: 0049 2361 – 970970
E-Mail: sales-team@kempermusic.com
Website: www.kempermusic.com

Contact options on the subject of data protection

Questions about data protection at:
Datenschutz@kempermusic.com

1. GENERAL INFORMATION ON DATA PROCESSING

Scope of the processing of personal data

We process personal data of our users only insofar as this is necessary for the provision of a functional website and our content and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases where obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.

Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 (1) lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 (1) lit. d GDPR serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) lit. f GDPR serves as the legal basis for the processing.

Data deletion and storage duration

The personal data of the data subject shall be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

2. PROVISION OF THE WEBSITE AND CREATION OF LOG FILES

Description and scope of data processing

Each time you visit our website, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:

  • Information about the browser type and version used
  • The operating system of the user
  • The IP address of the user
  • Date and time of access
  • Device type used
  • Requested web page or file

The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.

Legal basis for data processing

The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f GDPR.

Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address of the user must remain stored for the duration of the session.

These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 lit. f GDPR.

Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

Possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

3. USE OF COOKIES

Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

Which cookies are used for which purposes can be found in our cookie policy.

Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) lit. f GDPR.

The legal basis for the processing of personal data using technically unnecessary cookies is Art. 6 para. 1 lit. a GDPR.

Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.

We need cookies for the following applications:

(1) Adoption of language settings

(2) Remembering search terms

(3) User log in

(4) Storage of cookie settings

(5) Storage of your shopping cart

(6) Saving your notepad

The user data collected through technically necessary cookies are not used to create user profiles.

In these purposes also lies our legitimate interest in the processing of personal data according to Art. 6 para. 1 lit. f GDPR.

Duration of storage, possibility of objection and removal

Cookies are stored on the user's computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

So that you as a user can decide at any time which cookies you want to allow or refuse, you can find all objection options in our Cookie Policy.

4. NEWSLETTER

Description and scope of data processing

On our website there is the possibility to subscribe to a free newsletter. When registering for the newsletter, the data from the input mask is transmitted to us. The registration for the newsletter can be done optionally when creating a user account.

In addition, the following data is collected during registration:

(1) IP address of the calling computer

(2) Date and time of registration

The data will be used exclusively for sending the newsletter. For this purpose, you will be forwarded to our newsletter system by Mailchimp.

For sending the newsletter, we use the service provider " Mailchimp" from Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA.

The corresponding privacy policy of "Mailchimp" are published here:

https://mailchimp.com/legal/privacy/ . The service provider Rocket Science Group, LLC is Privacy Shield certified. The Privacy Shield agreement guarantees compliance with data protection regulations in accordance with European principles.

The service provider Rocket Science Group, LLC may use recipient data pseudonymously to improve its own service, such as optimizing email delivery or statistical surveys. The recipient data is not used for our own purposes and is not passed on to third parties.

Legal basis for data processing

The newsletter is sent on the basis of the user's consent when registering on the website:

The legal basis for the processing of the data after registration to the newsletter by the user is, if the user has given his consent, Art. 6 para. 1 lit. a GDPR and a contract processing agreement pursuant to Art. 28 para. 3 p. 1 GDPR.

Purpose of data processing

The collection of the user's e-mail address is used to deliver the newsletter.

The newsletter is sent based on the user's registration on the website:

The collection of other personal data during the registration process serves to prevent misuse of the services or the e-mail address used.

Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. Accordingly, the user's e-mail address will be stored as long as the subscription to the newsletter is active.

The newsletter is sent based on the user's registration on the website:

The other personal data collected during the registration process is usually deleted after a period of seven days.

Possibility of objection and removal

The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, a corresponding link can be found in each newsletter.

This also enables the revocation of consent to the storage of personal data collected during the registration process.

5. REGISTRATION / Order

Description and scope of data processing

On our website, we offer users the opportunity to register for the shop or place orders by providing personal data. The data is entered in an input mask and transmitted to us and stored. The data is not passed on to third parties. The following data is collected during the registration process:

  • Customer type (private / company)
  • Name (first and last name)
  • Email address
  • Country
  • Telephone number
  • Company name (only for companies)
  • Address
  • Different delivery address (optional)

The following data is also stored at the time of registration:

  • The IP address of the user
  • Date and time of registration

Legal basis for data processing

Registration and ordering serve the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the legal basis for the processing of the data is Art. 6 para. 1 lit. b GDPR.

Purpose of the data processing

The processing of user data is necessary for the ordering of goods in our online shop. In addition, we can provide our users with a user account through registration. It is also possible to place an order without creating a user account.

Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.

This is the case for the data collected during the registration or ordering process when the registration on our website is cancelled, provided that no legal retention obligations prevent complete deletion.

Possibility of objection and removal

As a user, you have the option of cancelling your registration at any time. You can change the data stored about you in the customer account at any time.

Should you wish your registration to be cancelled, please send an email to sales-team@kempermusic.com. In this case, we will delete your data completely, provided that no legal retention obligations prevent complete deletion.

6. METHODS OF PAYMENT / PAYMENT OPTIONS

If you wish to place an order in our webshop, it is necessary for the conclusion of the contract that you specify a payment method that we require for the processing of your order.

To prevent unauthorised access by third parties to your personal data, in particular financial data, the ordering process is encrypted using TLS technology.

Notes on the payment service providers

We offer several payment methods for the use of the webshop and use different payment service providers.

PayPal

The operator of the PayPal payment service is the:

PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard RoyalL-2449
Luxembourg

E-Mail: impressum@paypal.com

Which data is collected by PayPal can be found in the respective privacy policy of PayPal. This can be found at: https://www.paypal.com/de/webapps/mpp/ua/privacy-full

Credit card payment via heidelpay GmbH

As an authorised payment institute, Heidelpay is our direct interface to the credit card networks such as VISA, Mastercard, etc.

Heidelpay complies with all current official security standards and is certified in accordance with the PCI-DSS (Payment Card Industries Security Standards Council), among other things.

When paying by credit card, you agree to the transmission of your credit card data to heidelpay.

operator of heidelpay is:

heidelpay GmbH
Vangerowstraße 18D-69115
HeidelbergE-Mail: info@heidelpay.com

What other data is collected can be found in the respective privacy policy of heidelpay, which you can view at https://www.heidelpay.com/de/datenschutz/.

Amazon Pay

Payment processing via "Amazon Pay" takes place via the payment service provider

Amazon Payments Europe s.c.a.
5 Rue PlaetisL-2338
Luxembourg

to whom we pass on the information you provide during the ordering process, together with information about your order. You can find more information about Amazon Payments' privacy policy at the following website address: https://pay.amazon.com/de/help/201751600.

Legal basis

The legal basis for the processing of your payment data is Art. 6 para. 1 p. 1 lit. b GDPR.

Duration of storage

We are obliged by commercial and tax law to store your address, payment and order data for a period of ten years. However, we restrict processing after two years, i.e. your data is only used to comply with legal obligations.

Possibility of objection and removal

When you create an account under "My account", the data you provide will be stored revocably. You can always delete all further data, including your user account, in the customer area.

7. data protection provisions on the use and application of Google Analytics (with anonymisation function)

The Google Analytics component (with anonymisation function) is integrated on our website. Google Analytics is a web analysis service. Web analysis is the collection, compilation and evaluation of data about the behaviour of visitors to websites. Among other things, a web analysis service collects data on the website from which a data subject has accessed a website (so-called referrers), which sub-pages of the website have been accessed or how often and for how long a sub-page has been viewed. A web analysis is mainly used to optimise a website and to analyse the costs and benefits of internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

For more information and your opt-out options, please see our Cookie Policy.

The legal basis is consent pursuant to Art. 8 lit. a GDPR.

8. RIGHTS OF THE DATA SUBJECT

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights against the controller:

Right to information

You may request confirmation from the controller as to whether personal data relating to you is being processed by us.

If there is such processing, you can request information from the controller about the following:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data which are processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

(4) the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage duration;

(5) the existence of a right to rectify or erase personal data concerning you, a right to have processing restricted by the controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) any available information on the origin of the data if the personal data are not collected from the data subject;

(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information on whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 of the GDPR in connection with the transfer.

Right of rectification

You have a right of rectification and/or completion against the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

Right to restrict processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;

(3) the controller no longer needs the personal data for the purposes of processing but you need them for the establishment, exercise or defence of legal claims; or

(4) if you have objected to the processing pursuant to Art. 21 (1) DSGVO and it has not yet been determined whether the legitimate grounds of the controller override your grounds.

Where the processing of personal data relating to you has been restricted, those data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

RIGHT TO DELETION

Obligation to delete

You may request the controller to erase the personal data concerning you without delay and the controller is obliged to erase this data without delay if one of the following reasons applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) DSGVO and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.

(4) The personal data concerning you have been processed unlawfully.

(5) The deletion of personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Art. 8(1) DSGVO.

Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to, or copies or replications of, that personal data.

Exceptions

The right to erasure does not exist insofar as the processing is necessary

(1) to exercise the right to freedom of expression and information;

(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) DSGVO;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, where the right referred to in Section (a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or

(5) to assert, exercise or defend legal claims.

Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of these recipients by the controller.

Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that

(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and

(2) the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.

The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the controller,

(2) is authorised by Union or Member State legislation to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or

(3) is done with your express consent.

However, these decisions must not be based on special categories of personal data pursuant to Art. 9(1) of the GDPR, unless Art. 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

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